Permits the suspension of a license or driving privilege for failure to answer a summons for operating a motor vehicle while under the influence of alcohol or drugs; prohibits the reduction or waiving of fines or mandatory surcharges imposed for a violation of operating a motor vehicle while under the influence of alcohol or drugs.
Summary
This bill amends the Vehicle and Traffic Law to expressly allow the suspension of a driver’s license or driving privilege when a person fails to pay a fine imposed for an impaired driving offense under section 1192, in addition to the existing authority to suspend for failure to appear on a traffic summons. It also requires that the suspension process include notice protections, including at least two notices sent at least 15 days apart and a minimum 30-day waiting period before the suspension takes effect.
The bill further limits judicial discretion in traffic cases by providing that courts and hearing officers may reduce or waive fines, fees, or mandatory surcharges in the interests of justice for most traffic violations, but not for fines and mandatory surcharges imposed for violations of section 1192, which covers driving while intoxicated and related alcohol- or drug-impaired driving offenses. The measure takes effect 30 days after becoming law.
Impact
The bill would amend sections 510 and 1802 of the Vehicle and Traffic Law to create a specific license-suspension consequence for nonpayment of impaired-driving fines and to carve DWI/DUI-related penalties out of the general authority to reduce or waive traffic fines and surcharges. Its practical effect is to strengthen enforcement of court-imposed financial penalties in alcohol- and drug-related driving cases and to make those penalties less subject to judicial mitigation than other traffic offenses. Affected parties include drivers convicted of section 1192 offenses, courts, and the Department of Motor Vehicles or its agents responsible for suspensions.
Sentiment
The available context suggests the bill is framed as a public-safety and enforcement measure, with no recorded committee debate or votes indicating opposition or support beyond introduction. The caption and text indicate a clear policy preference for stricter consequences in impaired-driving cases, and the bill appears designed to close a gap in existing suspension authority. Because no transcript or vote history is provided, the overall sentiment can only be characterized as procedurally neutral but substantively tough on impaired driving.
Contention
The main point of contention is likely the bill’s treatment of impaired-driving defendants differently from other traffic violators by denying courts discretion to reduce or waive fines and surcharges for section 1192 offenses. Another potential concern is the expanded use of license suspension for nonpayment, which may be viewed as increasing penalties for people who may already face financial hardship. Supporters would likely emphasize deterrence, accountability, and public safety, while critics may focus on fairness, proportionality, and the impact on low-income drivers.
Same As
Permits the suspension of a license or driving privilege for failure to answer a summons for operating a motor vehicle while under the influence of alcohol or drugs; prohibits the reduction or waiving of fines or mandatory surcharges imposed for a violation of operating a motor vehicle while under the influence of alcohol or drugs.
Permits the suspension of a license or driving privilege for failure to answer a summons for operating a motor vehicle while under the influence of alcohol or drugs; prohibits the reduction or waiving of fines or mandatory surcharges imposed for a violation of operating a motor vehicle while under the influence of alcohol or drugs.
The special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances and to driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor; to provide a penalty; and to provide for application.
Traffic control: driver license; suspension of a driver license for operating a motor vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance; require. Amends secs. 319b & 319d of 1949 PA 300 (MCL 257.319b & 257.319d) & adds secs. 319h & 319i.
AN ACT to amend and reenact sections 39-08-01.2 and 39-08-01.4 of the North Dakota Century Code, relating to the special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances and to driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor; to provide a penalty; and to provide for application.
Requires mandatory screening for alcohol or substance abuse and dependency when a person operates a motor vehicle while impaired by the combined influence of drugs or of alcohol and any drug or drugs.